ADH News

ADH settles lawsuit against private employer for $300,000 over allegations that the employer discriminated against the employee because of her gender and pregnancy. Les Alderman served as lead counsel.

Cary Devorsetz was elected President-Elect of the Federal Bar Association’s District of Columbia Chapter. He has served on the Board of Directors, as a National Delegate and as the Chapter’s President in the past.

Les Alderman filed suit on behalf of 16 hospitals from around the nation claiming that the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, underpaid them by millions of dollars by incorrectly calculating their Disproportionate Share Hospital (DSH) adjustments.

ADH files suit on behalf of 16 hospitals from around the nation claiming that the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, underpaid them by millions of dollars by incorrectly calculating their Disproportionate Share Hospital (DSH) adjustments.

In a case in which an employee alleged that he was terminated as a result of discrimination based on his race, Les Alderman’s client settled with his former employer within weeks after filing suit, and before the commencement of discovery, for a six-figure amount in addition to other favorable terms, including recharacterizing the termination as a resignation.

In a case in which an employee alleged that he was terminated as a result of discrimination based on his race, ADH settled with his former employer within weeks after filing suit, and before the commencement of discovery, for a six-figure amount in addition to other favorable terms, including re-characterizing the termination as a resignation.

Les Alderman is appointed Co-Chairman of the Metropolitan Washington Employment Lawyers Association’s (MWELA) Amicus Curiae Committee. This committee submits briefs in support of important issues of law in federal, state and D.C. appellate cases.

The Firm recently achieved a significant victory on behalf of employees in the District of Columbia. In Monroe v. Voca Corp. of Washington, DC (Consolidated Appeal Nos. 05-CV-778 and 05-CV-803), the D.C. Court of Appeals extended the cause of action for wrongful termination in violation of public policy to employees who are not at-will employees and employees covered by a protective bargaining agreement.

The case involves allegations that the Firm’s clients were terminated by VOCA Corp., which managed group homes for persons with severe mental retardation, shortly after they complained about conditions and treatment of residents at three different group homes.

The Court of Appeals’ decision marks an important expansion of the wrongful termination in violation of public policy cause of action and should protect many more District of Columbia employees who are terminated for their refusal to participate in unlawful actions at the behest of their employers. Les Alderman argued the case on behalf the terminated employees.

The Firm recently participated in bringing about a $666 million dollar settlement, one of the largest government settlements ever paid to healthcare providers. Beginning in 2002, hospitals which ultimately became 667 in number sued the Secretary of Health and Human Services for his use of an improper policy to calculate payments under the Medicare Act to hospitals serving disproportionate numbers of poor people. This Firm, which represented a total of 41 hospitals in the lawsuit, was aided in its efforts by Quality Reimbursement Services, a premier Medicare reimbursement consulting firm specializing in Disproportionate Share Hospital (DSH) payments.

Due to the number of plaintiffs in the litigation, the United States District Court for the District of Columbia took the unusual step of consolidating all the separate complaints, which exceeded 250 in number,into one matter, designated In Re Medicare Reimbursement.

One group of hospitals was selected to be the lead plaintiffs and this group obtained a favorable decision from the District Court in 2004. The government appealed and lost before the Court of Appeals in 2005.In April 2006 the U.S. Supreme Court denied the government’s request for further review. This forced the government to undertake settlement negotiations with the entire group of plaintiff hospitals. Those negotiations started in April 2006 and continued until March 2008 when the government signed a settlement agreement calling for a payout of over $666 million dollars to the plaintiff hospitals. Les Alderman and Erling Hansen of the Firm worked hard to achieve equitable DSH payouts for the Firm’s 41 hospital clients.

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